The Mayor, any time a condition has arisen or is imminent which
in his judgment constitutes a civil disturbance, riot, insurrection
or time of local disaster, may declare a state of emergency and impose
a curfew for such time and for such areas as he deems necessary to
meet such emergency. Provided, however, such curfew shall not extend
for over a period of 48 hours unless extended by a majority vote of
the members of the governing body.
No person shall congregate, operate any businesses or be upon
the streets or other public ways, unless on official business for
the City or state, in any area or areas designated by the mayor as
curfew areas in the City during the time of any declared emergency.
Any person violating any of the provisions of this chapter shall,
upon conviction, be deemed guilty of a misdemeanor and may be punished
by a fine not to exceed $500 or confinement in jail for not more than
one year, or both.
[Ord. No. 2000-13, Sec. 1]
This shall be known as the Curfew for Minors Ordinance.
[Ord. No. 2000-13, Sec. 2]
The City Council for the City, finds that special circumstances
exist within the City that call for special regulation of minors within
the City in order to protect them from each other and from other persons
on the street during the nocturnal hours, to aid crime prevention,
to promote parental supervision and authority over minors, and to
decrease nocturnal crime rates.
[Ord. No. 2000-13, Sec. 4]
For purposes of this curfew ordinance, the following terms,
and phrases, words, and their derivations shall have the meanings
ascribed to them by this section:
Is the City of Lincoln, Arkansas.
A minor who no longer has a parent-child relationship as
a result of being recognized as an adult by order of the court of
competent jurisdiction.
A minor performing a necessary task at the direction of the
minor's parent, and the nonperformance of the errand, or delay
of performance until after curfew hours have abated, would result
in injury or undue hardship.
Is any unemancipated or unmarried person under the age of
18 years of age.
Is any person having legal custody of a minor (i) as a natural
parent, (ii) as an adoptive parent, (iii) as a legal guardian, (iv)
as a person to whom legal custody has been given by order of the court.
A publicly or privately owned place to which the public or
substantial number of people have access. A public place does not
include the residence of a minor, or the residence of a minor's
parent, or a responsible adult.
A person at least 21 years of age to whom a parent has expressly
given permission to accompany a minor.
[Ord. No. 2016-1, Sec. 3]
A.
It shall be unlawful for any minor to be upon the street, sidewalk,
parks, playgrounds, public places and vacant lots, or to ride in or
upon, drive or otherwise operate or be a passenger in any automobile,
bicycle, or other vehicle in, upon, over or through the streets, or
other public places between the following hours:
B.
It shall be unlawful for any parent to permit a minor to be upon the streets, sidewalks, parks, playgrounds, public places and vacant lots, or to ride in or upon, drive or otherwise operate, a vehicle in, upon, over or through the streets, or other public places in violation of § 7.08.07A above. The fact that a minor is in violation of the provisions of § 7.08.07A hereinabove, without a defense as set forth in § 7.08.08 hereof shall create a rebuttable presumption that a parent is in violation of this subsection.
A.
Notwithstanding the provisions of § 7.08.07, the Curfew for Minors Ordinance does not apply:
1.
At any time a minor is accompanied by a parent, or a responsible
adult authorized by a parent to take the parent's place to accompany
the minor for a designated period of time and purpose within a specified
area.
2.
If the minor is employed, for a period of time 45 minutes after work,
provided that circumstances suggest the minor is returning from work
to a place of residence.
3.
When a minor is returning home from an activity that is supervised
by adults and sponsored by the City, civic organization, a public
or private school, or any entity that takes responsibility for the
minor, provided that the activity has not concluded for more than
45 minutes.
4.
At any time the minor is on a legitimate parentally approved errand.
5.
At any time the minor is on a trip in interstate commerce.
6.
At any time the minor is required to leave a residence because of
an emergency.
7.
At any time the minor is engaged in an activity that is protected
by the First Amendment to the United States Constitution, or the freedom
of speech, religion or expression provisions in Article II of the
Arkansas Constitution.
B.
If a minor being questioned about possible violation of the curfew ordinance provides a law enforcement officer with sufficient reason to believe that the minor is entitled to an exemption under Subsection A above, the law enforcement officer shall take no enforcement action under this ordinance, provided the officer may make a report of the minor's identity, the exception claimed, and other necessary information to note the possible violation of this ordinance.
[Ord. No. 2000-13, Sec. 6]
A.
A parent or minor found to be in violation of this ordinance shall be subject to the penalties provided in § 1.32.01 of the Lincoln Municipal Code.
B.
At the discretion of the law enforcement officer, any minor receiving
a citation for violation of the minor curfew ordinance may be released
to immediately return home, may be escorted to their home, or may
be taken into custody and delivered to an appropriate juvenile authority
to be held until a parent can be located to take custody of the minor.
C.
Nothing in this section shall preclude a law enforcement officer
from taking any or all appropriate actions for a minor's violation
of any other local or state law.
